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Ray T. Slack v. Capt. Donald Bunt and Matt Melucci

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 4, 2013

RAY T. SLACK, PLAINTIFF,
v.
CAPT. DONALD BUNT AND MATT MELUCCI, DEFENDANTS.

The opinion of the court was delivered by: J. Phil Gilbert United States District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on plaintiff Ray T. Slack's Motion to Dismiss the remaining claims in this case pursuant to Federal Rule of Civil Procedure 41(a)(2) (Doc. 35).

Rule 41(a)(2) provides that only the Court may dismiss an action after an adverse party has filed an answer or motion for summary judgment and in the absence of a stipulation of dismissal of an entire case signed by all the parties. The Court has reviewed the motion and believes that dismissal without prejudice is appropriate. Accordingly, the Court GRANTS the motion (Doc. 35), DISMISSES the remaining claims in this case without prejudice, and DIRECTS the Clerk of Court to close this case.

IT IS SO ORDERED.

J. Phil Gilbert

20130304

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